1 PLANNING COMMITTEE Monday

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PLANNING COMMITTEE

Monday, 1st June, 2009

Present -

Councillor Barr (Chair)

Councillor Arnold Councillor Lomas+ Bingham Qazi Craw Pastoll+ Davenport Redihough Falconer, G.

*Matters dealt with under the Delegation Scheme

+ Attended for Min. No. 0004 (second item) only.

The following site visits had taken place immediately before the meeting and had been attended by the following Members:-

1. CHE/09/00159/FUL – Erection of pair of 3 bed semi-detached dwellings with 2 storey frontage and 3 storey rear (Re-submission of CHE/08/00791/FUL) on land adjacent 24 Riber Terrace, Walton Walk, Chesterfield, Derbyshire, for Dowling Homes Ltd

Councillors Arnold, Barr, Bingham, Craw, G. Falconer, Galloway, Morgan, Qazi and Redihough.

2. CHE/09/00165/FUL – Erection of security fencing at Allotments, Highfield Road, Chesterfield for CDSA Highfield Allotments

Councillors Arnold, Barr, Bingham, Craw, G. Falconer, Galloway, Lomas, Morgan, Pastoll, Qazi and Redihough.

3. Unauthorised Installation of Disabled Access Ramp to the front of 15 Sycamore Road, Hollingwood, Chesterfield

Councillors Arnold, Bagshaw, Barr, Bingham, Craw, G. Falconer, Galloway, Morgan, Perry, Qazi and Redihough.

0001 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Brittain, Cooper, Fields, Gilby and D. Stone.

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0002 DECLARATIONS OF PERSONAL OR PREJUDICIAL INTEREST BY MEMBERS RELATING TO ITEMS ON THE AGENDA

No declarations were received.

0003 MINUTES

RESOLVED - That the Minutes of Planning Committee passed at the meeting held on 11th May, 2009 be signed by the Chair as a true record.

0004 APPLICATIONS FOR PLANNING PERMISSION – PLANS DETERMINED BY THE COMMITTEE (P030)

*The Committee considered the under-mentioned applications in light of reports by the Group Leader, Development Management and resolved as follows:-

CHE/09/00165/FUL - ERECTION OF SECURITY FENCING AT ALLOTMENTS, HIGHFIELD ROAD, CHESTERFIELD FOR CDSA HIGHFIELD ALLOTMENTS

That the officer recommendation be upheld and the application be approved subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2. The proposed fencing shall be painted. Prior to its erection, the proposed colour of the paint shall be submitted to the Local Planning Authority for consideration. Only the colour approved in writing by the Local Planning Authority shall be used to paint all elements of the fence and within 3 months of its erection. The colour of the fence shall be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

3. All access gates (pedestrian and vehicular) shall only open inwards.

REASON FOR DECISION

1. The proposal is considered appropriate in terms of its visual appearance and will improve security. Its location and design are also considered acceptable in highway safety terms and as such it accords with the requirements of policies GEN10 and GEN6 in the Replacement Chesterfield Borough Local Plan 2006.

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CHE/09/00159/FUL - ERECTION OF PAIR OF 3 BED SEMI-DETACHED DWELLINGS WITH 2 STOREY FRONTAGE AND 3 STOREY REAR (RESUBMISSION OF CHE/08/00791/FUL) ON LAND AD 24 RIBER TERRACE, WALTON WALK, CHESTERFIELD, DERBYSHIRE, FOR DOWLING HOMES LIMITED.

In accordance with Minute No. 299 (2001/02), Mr. D. Gray, representing the applicant, and Mr. D. Birchall, representing residents, addressed the meeting.

That the officer recommendation be upheld and the application be approved subject to the following conditions:-

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2. Before construction works commence or ordering of external materials takes place, precise specifications or samples of the walling and roofing materials to be used shall be submitted to the Local Planning Authority for consideration. Only those materials approved in writing by the Local Planning Authority shall be used as part of the development unless otherwise agreed by the Local Planning Authority in writing.

3. The site shall be developed with separate systems of drainage for foul and surface water on and off site.

4. No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works have been submitted to and approved in writing by The Local Planning Authority.

5. Unless otherwise agreed in writing by the Local Planning Authority work shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am to 5:00pm on a Saturday and no work on a Sunday or Public Holiday. The term "work" will also apply to the operation of plant, machinery and equipment.

6. A. Development shall not commence until details as specified in this condition have been submitted to the Local Planning Authority for consideration and those details, or any amendments to those details as may be required, have received the written approval of the Local Planning Authority.

I. A desktop study/Phase 1 report documenting the previous land use history of the site.

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chemical analysis, identified as being appropriate by the desktop study, shall be carried out in accordance with current guidance using UKAS accredited methods. All technical data must be submitted to the Local Planning Authority.

III. A detailed scheme of remedial works should the investigation reveal the presence of ground gas or other contamination. The scheme shall include a Remediation Method Statement and Risk Assessment Strategy to avoid any risk arising when the site is developed or occupied.

B. If, during remediation works any contamination is identified that has not been considered in the Remediation Method Statement, then additional remediation proposals for this material shall be submitted to the Local Planning Authority for written approval. Any approved proposals shall thereafter form part of the Remediation Method Statement.

C. The development hereby approved shall not be occupied until a written Validation Report (pursuant to A II and A III only) has been submitted to and approved in writing by the Local Planning Authority. A Validation Report is required to confirm that all remedial works have been completed and validated in accordance with the agreed Remediation Method Statement.

7. Prior to development commencing on site the hedge situated along the whole of the site frontage facing Boythorpe Avenue shall be removed.

8. Before any other operations are commenced (excluding the work necessary for condition 7) the new vehicular and pedestrian accesses shall be created to Boythorpe Avenue to include 2.4m x maximum achievable visibility splays in both directions and 2m x 2m x 45 degree pedestrian intervisibility splays, laid out and constructed all to the satisfaction of the Local Planning Authority. The area in advance of the sightlines shall be maintained in perpetuity clear of any obstruction greater than 1m in height (600mm in the case of vegetation) relative to adjoining nearside carriageway channel level.

9. A minimum of 4 car parking spaces (2 per dwelling), measuring a minimum of 2.4 metres by 4.8 metres, shall be provided on site prior to the occupation of the dwellings hereby approved. The car parking spaces shall be retained permanently for domestic car parking unless otherwise agreed in writing by the Local Planning Authority.

10. There shall be no gates erected within 5m of the Boythorpe Avenue highway frontage.

11. The window serving the ground floor lounge positioned in the eastern elevation shall be obscure glazed and fixed. Prior to its installation, details of the obscure glazing shall be submitted to the Local Planning Authority for consideration. The approved windows, only, shall be installed and retained obscurely glazed thereafter unless otherwise agreed in writing by the Local

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Planning Authority.

12. The high level windows serving the first floor bathrooms and en-suites positioned in the north elevation of both dwellings shall be obscure glazed. Prior to their installation, details of the obscure glazing shall be submitted to the Local Planning Authority for consideration. The approved windows, only, shall be installed and retained obscurely glazed thereafter unless otherwise agreed in writing by the Local Planning Authority.

13. Within 2 months of commencement of development, unless otherwise agreed in writing by the Local Planning Authority, full details of hard landscape works for the approved development shall be submitted to the Local Planning Authority for consideration.

Hard landscaping includes proposed finished land levels or contours; means of enclosure; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.) retained historic landscape features and proposals for restoration, where relevant. These works shall be carried out as approved prior to the occupation of dwellings.

14. Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 1995 (as amended) there shall be no extensions outbuildings or garages constructed (other than garden sheds or greenhouses of a volume less than 10 cubic metre) or additional windows erected or installed at or in the dwelling hereby approved without the prior written agreement of the Local Planning Authority.

REASON FOR DECISION

1. The proposal is appropriately designed such that it is considered in keeping with the character of the surrounding area and would not have a detrimental effect on the amenities of neighbouring residents or highway safety. As such, the proposal accords with the requirements of PPS3 and policies HSN5, HSN6 and GEN10 in the Replacement Chesterfield Borough Local Plan 2006.

0005 APPEALS REPORT (P000)

The Group Leader, Development Management reported on the current position in respect of appeals which had been received and decided.

*RESOLVED - That the report be noted.

0006 BUILDING REGULATIONS (P920D)

*The Chief Building Control Officer reported that pursuant to the authority delegated to him, he had determined the under-mentioned plans under the Building Regulations:-

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(a) Approvals

09/00131/DCC Single storey extension to side elevation of property at Hulland CE Primary School Firs Avenue Hulland Ashbourne Derbyshire DE6 3FS for Derbyshire County Council

09/00219/DCC Renewal of existing slate roof coverings and upgrade of insulation at Furness Vale Primary School Buxton Road Furness Vale Derbyshire SK23 7PQ for Derbyshire County Council

09/00304/OTH Extensions, new roof and loft conversion at 8 Ramsey Avenue Chesterfield Derbyshire S40 3EF for Mr M Moss

09/00307/DEXF Two Storey Side Extension at 55 Keswick Drive Chesterfield Derbyshire S41 8HJ for Shaun Gavaghan

09/00258/OTHF Two storey extension at 16 Quarry Lane Chesterfield Derbyshire S40 3AS for Mr & Mrs Swallow

09/00306/OTHF Construction off building to provide new restaurant together with associated car parking and landscaping at 165 Chatsworth Road Chesterfield Derbyshire S40 2AU for Sebastin Perez

09/00243/OTHF Garage Conversion at 6 West Lea Chesterfield Derbyshire S40 3SL for Mr & Mrs Slinn

09/00232/DEXF Extension at 4 Cavendish Street North Chesterfield Derbyshire S41 9DH for Mr J Priestly

08/00538/DCC Internal alterations and single storey extension to rear at 10 Albert Street Ilkeston Derbyshire DE7 5GS for Ms S Simpson

09/00189/DEXF Single Storey Front Extension at 8 White Edge Close Chesterfield Derbyshire S40 4LE for Mr Paul Nixon

09/00293/PART Two storey side extension and single storey to rear for Mr & Mrs P Burke 3 High Leys Road Hucknall Notts NG15 6EZ for Grandex Design

09/00316/DCC Flat felt roof renewal at Simmondley Primary School Pennine Road Simmondley Glossop Derbyshire SK13 6NN for Derbyshire County Council

(b) Refusals

09/00161/OTHF Construction of 100 bed hotel, including office and associated external works and infrastructure at Lockoford Road Chesterfield Derbyshire for Bradbury Hall Developments

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09/00142/DEXF Single Storey Extension at 3 Ashopton Road Chesterfield Derbyshire for Mr & Mrs B Hille

09/00223/DEXF Double Storey Side and Single Storey Lean To Extension at 42 Hill View Road Chesterfield Derbyshire S43 1JN for Mr Winter

09/00215/DCC Single storey extension and revised access arrangements for Mr & Mrs Johnson 41 Quenby Lane Ripley Derbyshire DE5 3NN for Derbyshire County Council

08/00755/DCC New Build Vocational Centre at Buxton Community School College Road Buxton SK23 6ES for Derbyshire County Council

09/00150/PART Single Storey Extension to Dwelling for Mr Stephen Bromley 68 Queen Victoria Road Sheffield S17 4HU for Ralph Woods

09/00325/DCC Remodelling and refurbishment of 3 wc areas at Newhall Community Junior School Avenue Newhall Swadlincote Derbyshire DE11 0TR for Derbyshire County Council

09/00216/DCC Re roof including replacing the insulation, felt and rooflights, all downpipes and fascias and replacement Hall windows at Meadows Junior School Park Road Duffield Belper Derbyshire DE56 4GT for Derbyshire County Council

0007 APPLICATIONS FOR PLANNING PERMISSION – PLANS DETERMINED BY THE HEAD OF PLANNING (P110D)

*The Group Leader, Development Management reported that pursuant to the authority delegated to him, he had determined the under-mentioned applications subject to the necessary conditions:-

(a) Approvals

CHE/09/00135/FUL Two storey extension At 233 Whitecotes Lane Chesterfield Derbyshire S40 3HR For Mr D Watkinson

CHE/09/00080/RET Retention of second temporary office building above existing temporary office At Chesterfield Football Club St Margaret’s Drive Chesterfield Derbyshire S40 1NH For Chesterfield Football Club

CHE/09/00042/FUL Installation of ATM external to front - resubmission of CHE/06/00847/FUL At Holme Hall Post Office Unit 2 Holme Hall Shopping Centre Wardgate Way Chesterfield Derbyshire S40 4SL For The Post Office

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CHE/09/00166/FUL Vary materials details of CHE/08/00602/FUL to erect marquee, loading canopy and fence for temporary period of 12 months for home shopping service At Tesco Stores Ltd Meltham Lane Chesterfield Derbyshire S41 7LG For Tesco Stores Limited

CHE/09/00127/FUL Variation of condition 14 of approved application CHE/08/00230/FUL relating to the redevelopment of former Dema Glass site for a new football stadium, food store, petrol filling station, a mix of office and/or hotel, and/or restaurant, and/or car showroom with associated access, parking and landscaping. To vary the details of condition 14 relating to the Tesco store to provide a CHP unit At Site Of Former Dema Glassworks Sheffield Road Whittington Moor Chesterfield Derbyshire For Tesco Stores Ltd

CHE/09/00141/FUL Add a first floor to an existing ground floor extension At 2 Thorndene Close Chesterfield Derbyshire S41 8SE For Mr M Craggs

CHE/09/00132/COU Change of use from offices to dwellinghouse At 34A Clarence Road Chesterfield Derbyshire S40 1LN For Mr William Richards

CHE/09/00118/FUL Rear extension - revised design received 22nd April 2009 At 23 Penmore Street Chesterfield Derbyshire S41 0PB For Mr L Boler

CHE/09/00162/COU Change of use from A1 to A3 At 4 Wardgate Way Chesterfield Derbyshire S40 4SL For Mr M Millican

CHE/09/00130/COU Change of use from B1 (offices) to Sui Generis Complementary and Beauty Therapy Rooms First Floor Only At 126 Saltergate Chesterfield Derbyshire S40 1NG For Healing Touch

CHE/09/00169/ADV 1 x illuminated fascia sign, 1x freestanding entrance panel, 1 x freestanding directional sign and 1 x illuminated totem sign - revised siting of signs C and D and revised size of sign D received 21st April 2009 At Bristol Street Motors 464 Chatsworth Road Chesterfield Derbyshire S40 3BD For Bristol Street Motors

CHE/09/00156/FUL Two windows in side elevation At 178 High Street Old Whittington Chesterfield Derbyshire S41 9LL For Mr Glynne Frost

CHE/09/00030/FUL Renewal of planning permission CHE/05/00708/FUL for a dwelling and garage, revised plans received 18th March 2009,

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further plans received 14th April 2009 At Land Between Priory House and Grovehill St Johns Road Newbold Chesterfield Derbyshire S40 1LP For Mr Michael Watterson

CHE/09/00147/RET Conservatory to rear and kitchen extension into rear of garage At 21 Ormsby Road Chesterfield Derbyshire S41 8SA For Mr Mark Buckley

CHE/09/00126/RET Erection of single storey garage at side of house and erection of fence At 101 Ashcroft Drive Chesterfield Derbyshire S41 9PE For Mr Brian Evans

CHE/09/00106/FUL Proposed kitchen extension - revised plans received 19/3/2009 At 147 Ashgate Road Chesterfield Derbyshire S40 4AN For Mr Peter Beighton

CHE/09/00116/FUL Two storey extension to detached house At 3 Ashleigh Close Chesterfield Derbyshire S41 9NA For Mr Neil Smith

CHE/09/00057/FUL Replace car port and outbuildings with concrete sectional garage At 2 Middleton Drive Chesterfield Derbyshire S43 3HS For Mr John Davey

CHE/09/00200/FUL Proposed conservatory At 44 Holme Hall Crescent Chesterfield Derbyshire S40 4PQ For Mr David Milner

CHE/09/00277/TPO Felling of one poplar tree reference T3 At 2 Hartfield Court Chesterfield Derbyshire For Mr G Oliver

CHE/09/00265/CA To fell one sycamore tree to rear of property At 16 Devonshire Street Brimington Chesterfield Derbyshire S43 1JQ For Mrs Sara Wibberley

CHE/09/00180/FUL Two storey front extension, new pitched roof (in assoc with garage conversion) and rear conservatory to include single storey extension to existing. Re-submission of CHE/08/00285/FUL At 9 Flintson Avenue Chesterfield Derbyshire S43 2DS For Mr Simon Rimington

CHE/09/00161/FUL Single storey front extension, two storey side and rear extension. Re-submission of CHE/07/00550/FUL At 70 Salisbury Avenue Chesterfield Derbyshire S41 8PN For Mr R Troth

CHE/09/00192/FUL Extension over existing dining room At 9 Park Close Chesterfield Derbyshire S40 2QW For Mr and Mrs Twigg

CHE/09/00197/FUL Two storey side extension and ground floor rear extension At 64 Paxton Road Chesterfield Derbyshire S41 0TN For Mrs B

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Downes

CHE/09/00231/TPO G1 - A. Chestnut - crown lift 5.2m + 2.5m over footpath, clear round base to 2m, clear street light by 1m, crown thin 15%. B. Lime - pull away from building 2m, crown lift 5.2m over highway and 2.5m over footpath. C. Birch - remove lower stem growing towards house, crown lift 3.5m over highway + 2.5m over footpath and clear round street sign by 1m. D. Chestnut - crown thin 15%, crown lift 5.2m over highway + clear main stem of regrowth to 2m from ground level At 1 Broadoaks Close Chesterfield Derbyshire S41 0EW For Mr John Philbin

CHE/09/00215/FUL Proposed roof top smoking area enclosure At 29 - 33 Knifesmithgate Chesterfield Derbyshire For Brox Born Heath Leisure

CHE/09/00211/FUL Single storey side extension At 4 Sedbergh Crescent Chesterfield Derbyshire S41 8DY For Miss J Levy

CHE/09/00269/TPO 1, Sycamore-crown lift 2, Beech-tipping back, log limbs over hanging garden and light crown thin At 45 Broomfield Avenue Chesterfield Derbyshire S41 0LU For Mr John Heathcote

(b) Refusals

CHE/09/00137/FUL Two storey side and rear extension in association with loft conversion At 7 Morris Drive Chesterfield Derbyshire S41 7BB For Mr and Mrs Hurrell

CHE/09/00157/FUL Two new semi detached two storey dwellings At Land Between 22 - 26 Prospect Road Chesterfield Derbyshire For Mr Daniel Hadfield

CHE/09/00140/LBC Erection/installation of satellite/Sky TV equipment dish At 1 Brampton House Mews Old Hall Road Chesterfield Derbyshire S40 1HQ For Mrs P Smith

CHE/09/00152/FUL Extension to form consulting rooms At Avenue House Surgery Saltergate Chesterfield Derbyshire For Avenue House Surgery

CHE/09/00186/CPO Installation of a roof mounted solar photovoltaic PV system including panels and roof fixings on top of the flat of the school At Brockwell Nursery and Infant School Purbeck Avenue Chesterfield Derbyshire S40 4NP For Derbyshire County Council

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(d) Non Development

CHE/09/00252/CON To replace the existing, not original, windows in the front, 1st floor north facing bedroom. It is proposed to install UPVC sliding sash windows with Georgian bars. All the downstairs front facing windows are UPVC. It is intended to replace the other bedroom windows at a later date as funds permit. None of the windows in the house are original At 16 Newbold Road Chesterfield Derbyshire S41 7PA For Mr Philip Spackman

(e) Split Decision With Conditions

CHE/08/00803/ADV New branding sign scheme At The Lock Keeper Tapton Lock Hill Chesterfield Derbyshire For Whitbread Group plc

(f) Withdrawn

CHE/09/00214/TPO Crown thinning and crown reduction of beech trees At 43 Broomfield Avenue Chesterfield Derbyshire S41 0LU For Mr Steve Turner

0008 APPLICATION TO FELL OR PRUNE TREES (P690D)

*The Head of Planning reported that pursuant to the powers delegated to him he had determined the under-mentioned applications in respect of:-

(a) The felling and pruning of trees

CHE/09/00277/TPOEXP Consent granted to the felling of one Poplar tree reference T3 on the Order Map at 2 Hartfield Court, Hasland Chesterfield for Mr. Oliver.

CHE/09/00231/TPO Consent granted to the pruning of 4 trees within G1 on the Order Map for Mr. J. Philbin of 1 Broadoaks Close, off Piccadilly Road, Chesterfield.

CHE/09/00269/TPO Consent granted to the pruning of two trees within W1 on the Order Map for Mr. J. Heathcoate of 45 Broomfield Avenue, Hasland, Chesterfield.

CHE/09/00237/TPO Consent granted to the pruning of one Oak tree reference T31 on the Order Map for Mr. Colin Goddard of 55 The Green, Hasland, Chesterfield.

CHE/09/00228/TPO Consent granted to the pruning of one Cherry tree within G1 on the Order Map for Mr. N.P. Pashley of 10 Booker Close, Inkersall, Chesterfield.

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CHE/09/00066/TPO Consent refused to the felling of one Beech Tree reference T10, but consent granted to the pruning of two trees T7 Sycamore and T9 Ash on the Order Map for Mrs. Carol Joynes of 7 Abercrombie Street, Chesterfield.

CHE/09/00221/TPO Consent granted to the pruning of 48 Lime trees reference T3-T5, T7-T8, T12-T18, T20-T26, T28, T30, T32-T33, T41-T43, T47-T54, T59, T64, T72, T74, T76, T78, T90-T83, T89-T90, T93 and T95 on the Order Map for Derbyshire County Council Highways.

(b) Notification of Intent to Affect Trees in a Conservation Area

CHE/09/00265/CA Agreement to the felling of one Sycamore tree which The felling of one Sycamore is of poor amenity value which has had poor pruning tree to the rear of 16 works in the past. The felling will have no adverse Devonshire Street, effect on the amenity value of the area. Brimington The sycamore tree is within the Brimington Conservation Area with poor amenity value.

0009 OMBUDSMAN CASES (P000)

The Group Leader, Development Management submitted a report on Ombudsman cases which had been concluded.

*RESOLVED - That the report be noted.

0010 ENFORCEMENT REPORT (P510)

The Senior Solicitor and the Group Leader Development Manager submitted a joint report on the current position regarding enforcement action which had been authorised by the Council.

*RESOLVED - That the report be noted.

0011 PLANNING AGREEMENT REPORT (P000)

The Senior Solicitor and the Group Leader Development Management reported on progress of authorised planning agreements and the monitoring of performance on recently completed agreements.

*RESOLVED - That the report be noted.

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0012 CHE/09/00120/COU - CHANGE OF USE FROM A CHEQUE EXCHANGE OFFICE INTO A FOOD OUTLET FOR HEALTHY GOOD QUALITY TAKE OUT FOOD AT 25 CAVENDISH STREET, CHESTERFIELD FOR MR. DEAN EDWARDS (P000)

Pursuant to Minute No. 0171 (2008/09), the Group Leader, Development Management submitted a report seeking approval to the proposed planning conditions to be attached to the approved application.

*RESOLVED - That the following conditions be attached to the approved application:-

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2. Prior to the installation of the fume extraction system, details shall be submitted to the Local Planning Authority for consideration. Only those details approved in writing by the Local Planning Authority shall be implemented as part of the development and shall be retained thereafter, unless otherwise agreed in writing by the Local Planning Authority.

REASON FOR DECISION

1. The proposal is considered acceptable in terms of its impact upon the character of the area, residential amenity and highway safety and will not give rise to unacceptable community safety problems that could not be overcome by suitable measures to improve community safety and designing out crime. The proposal will not harm the primary retail function of the Town Centre and is therefore considered to satisfy the requirements of policies SHC10 and SHC1 in the Replacement Chesterfield Borough Local Plan 2006.

0013 CHE/09/00144/FUL - ERECTION OF A BUNGALOW, RE-SUBMISSION OF CHE/08/00301/FUL AT LAND ADJACENT TO OSCAR COURT FLATS, CROSS LONDON STREET (P000)

The Group Leader, Development Management submitted a report seeking approval to the proposed planning conditions to be attached to the approved application.

*RESOLVED - That the following conditions be attached to the approved application:-

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2. The site shall be developed with separate systems of drainage for foul and surface water on and off site.

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3. No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved in writing by The Local Planning Authority.

4. Unless otherwise agreed in writing by The Local Planning Authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

5. Before construction works commence or ordering of external materials takes place, precise specifications or samples of the walling and roofing materials to be used shall be submitted to the Local Planning Authority for consideration. Only those materials approved in writing by the Local Planning Authority shall be used as part of the development unless otherwise agreed by the Local Planning Authority in writing.

6. In the event it is proposed to import soil onto site in connection with the development the proposed soil shall be sampled at source and analysed in a MCERT certified laboratory, the results of which shall be submitted to the Local Planning Authority for consideration. Only the soil approved in writing by the Local Planning Authority shall be used on site.

7. Unless otherwise agreed in writing by the Local Planning Authority work shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am to 5:00pm on a Saturday and no work on a Sunday or Public Holiday. The term "work" will also apply to the operation of plant, machinery and equipment.

8. Upon commencement of development full details of all boundary treatments proposed for the development including the gating of the passageway between the existing and proposed buildings shall be submitted to the Local Planning Authority for consideration. Only the details approved in writing by the Local Planning Authority shall be implemented on site.

9. Notwithstanding the provision of the Town and Country Planning (General Permitted) Development Order 1995 (as amended) there shall be no extensions outbuildings or garages constructed (other than garden sheds or greenhouses of a volume less than 10 cubic metre) or additional windows erected or installed at or in the dwelling hereby approved without the prior written agreement of the Local Planning Authority.

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10. Prior to the commencement of the development, details of the existing and proposed land levels and the proposed floor levels of the dwelling hereby approved shall be submitted to the Local Planning Authority for consideration. The details submitted shall include sufficient cross sections to fully assess the relationship between the proposed levels and immediately adjacent land/dwellings. The dwelling shall be constructed at the levels approved under this condition unless otherwise agreed, in writing, by the Local Planning Authority.

11. There shall be no gate/s on the site located on, or opening in a manner to include within its/their opening arc/s, any land within 5 metres of the highway unless otherwise approved by the Local Planning Authority.

12. A. Development shall not commence until details as specified in this condition have been submitted to the Local Planning Authority for consideration and those details, or any amendments to those details as may be required, have received the written approval of the Local Planning Authority.

I. A desktop study/Phase 1 report documenting the previous land use history of the site.

II. A site investigation/Phase 2 report where the previous use of the site indicates contaminative use(s). The site investigation/Phase 2 report shall document the ground conditions of the site. The site investigation shall establish the full extent, depth and cross-section, nature and composition of the contamination. Ground gas, groundwater and chemical analysis, identified as being appropriate by the desktop study, shall be carried out in accordance with current guidance using UKAS accredited methods. All technical data must be submitted to the Local Planning Authority.

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13. Prior to the occupation of the bungalow hereby approved, the amenity area and parking space shown on the approved drawing (ref(10) 002 rev A01) shall be provided in accordance with the approved drawings. The amenity area and parking space shall be retained in perpetuity for the lifetime of the development unless otherwise agreed in writing by the Local Planning Authority.

14. Prior to the commencement of development, details shall be submitted to the Local Planning Authority for consideration detailing the location of the bin store for the existing flats. The details submitted shall be approved in writing and retained on site for the lifetime of the development.

REASON FOR DECISION

1. The proposal results in the removal of the storage use on the site and would not harm the character of the area having regard to the variety of building types in the local area and the limited impact of a bungalow on the visual gap. The proposal is considered to comply with policies GEN 10, HSN 5 and HSN 6 of the Replacement Chesterfield Borough Local Plan 2006.

0014 LOCAL GOVERNMENT ACT 1972 – EXCLUSION OF PUBLIC

RESOLVED - That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 6 and 13 of Part I of Schedule 12A of the Act.

0015 USE OF ELEMENTS OF UNCLEANED STONE IN THE WALLING CONSTRUCTION OF TAWNY COTTAGE AND PLOT 4 AT MANOR HOUSE FARM BARNS, HASLAND, CHESTERFIELD (P510)

The Group Leader, Development Management submitted a report informing Members of the non-compliance with condition 3 attached to the approval of planning application reference CHE/06/00155/FUL - Erection of a Dwelling on land adjacent to Manor House Barn, The Green, Hasland, Chesterfield.

*RESOLVED - That additional time be granted for the removal of paint from the walling stone at Tawny Cottage and Plot 4 at Manor House Farm

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Bars, The Green, Hasland, Chesterfield. If the stone cleaning has not been completed to a satisfactory standard by 1st December, 2009, then a further report be presented to Planning Committee for consideration of the need for enforcement action.

0016 UNAUTHORISED SITING OF A PORTAKABIN AT THE FORMER NHS CLINIC, EDMUND STREET, DUNSTON, CHESTERFIELD (P510)

The Group Leader, Development Management informed Members of the unauthorised portakabin at the former NHS clinic site on Edmund Street, Dunston, Chesterfield and sought authority to take enforcement action.

*RESOLVED - That an Enforcement Notice be issued under the Town and Country Planning Act 1990 requiring removal of the unauthorised portakabin from land at the former Edmund Street Clinic, Dunston Road, Chesterfield.

0017 UNAUTHORISED INSTALLATION OF DISABLED ACCESS RAMP TO THE FRONT OF 15 SYCAMORE ROAD, HOLLINGWOOD, CHESTERFIELD (P510)

The Group Leader, Development Management informed Members of the unauthorised installation of a disabled access to the front of a residential dwelling at 15 Sycamore Road, Hollingwood, Chesterfield and sought authority to take enforcement action.

*RESOLVED - That an Enforcement Notice be issued under the Town and Country Planning Act 1990 requiring the unauthorised ramped access to be removed. However, the Council will first offer further advice to the occupants in an effort to negotiate an acceptable alternative scheme prior to the service of a Notice.